Fulton County GaArchives News.....Ozburn's Fate In The Balance June 25, 1891 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/ga/gafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Linda Blum-Barton http://www.genrecords.net/emailregistry/vols/00003.html#0000645 April 1, 2006, 4:11 pm The Atlanta Constitution June 25, 1891 Mental Faculties Blunted. Dr. J. G. Earnest testified that Ozburn's mental faculties appeared to be blunted, but that when he got his mind on a subject he seemed to comprehend it. He did not regard the examination he had made as sufficient to state with certainty whether Ozburn was sane or not. Dr. N. O. Harris testified taht he believed Ozburn was sane. Mr. H. G. H. Miller, a guard at the jail, testified that Ozburn would always tell him how he wanted his steak or eggs cooked or what kind of drinks he wanted and express his preference in other things and ask what the news was on the outside. Mr. Miller thought Ozburn was sane. An Interesting Incident. Mr. J. T. Jordan, the jailer, thought Ozburn was sane. The following incident occurred at the jail yesterday morning before day. Mr. Jordan heard Ozburn talking to himself and slipped to the door. Ozburn was saying: "I want something to eat! The beef is so tough I can't eat it! Jordan! Jordan! Why don't you give me something to eat? John Faith is so damn stingy he won't give me nothing!" Ozburn was lying on his face, and Mr. Jordan asked him what he wanted to eat. "I don't want nothing now, was" the reply, "It makes me sick." "You have been talking here," said Mr. Jordan, "and saying that you want something to eat. Tell me what you want and I will get it for you," but Ozburn denied that he said he wanted anything to eat, or that he said John Faith was stingy. Mr. Jordan asked Ozburn if he did not realize that he would have to hang Friday. "No," said Ozburn, "what for?" "For killing John Bradley," was the reply. "I never killed him," said Ozburn. "The law says so," replied Mr. Jordan, "and you are going to hang Friday." "Well I don't give a d--n, they will hang me for nothing," said ozburn. John Faith, assistant jailer, testified that from what he had seen of Ozburn he believed him sane, and William H. Turner, deputy jailer, testified that he believed Ozburn was sane. Dr. W. C. Connally, of Dalls, testified taht he believed Ozburn was unbalanced mentally. Depty Sheriff J. J. Barnes said he thought there was something wrong with Ozburn's mind. When Captain Barnes left the stand it was 6 o'clock, and the court adjourned until 7:30 o'clock. He Enjoyed a Toddy with Supper. A few minutes after half-past 5 o'clock in the evening court was adjourned for supper, and Ozburn seemed anxious for something to eat and drink. His supper was served in the same witness room as the dinner, and he was attended by the same bailiffs who attended him at midday. He had stood the evening pretty well, but wanted a toddy with his supper, and told Deputy Green just before he started to order the supper from the Metropolitan Hotel, to be sure and remember that today. The meal was the same as the dinner, with the exception of a drink, and seemed to be enjoyed just as heartily. Ozburn would not talk except about the drink; when he had finished telling the bailiff not to forget it, he said nothing more. Immediately after the supper, which was a little late, he went into the courtroom and laid down on his cot and slept. The Trial After Dark. Long before half-past 7 o'clock the courtroom began to fill up, and when the clock struck for that time, standing room down stairs and in the gallery was at a premium. One of the jurymen was late and it was 7:40 o'clock before the twelve were in their places. At 7:35 o'clock a cot was brought in, and a few minutes later Ozburn came up, supported by a deputy. He laid down on the cot and threw his left arm over his head and closed his eyes, retaining this position during the progress of the trial. Mrs. Ozburn was seated a short distance behind and to his left. At 7:35 o'clock the court convened. Mr. W. H. Montgomery, Ozburn's half-brother, was introduced by the defense and testified as to Ozburn's condition. He said that a few weeks ago he called on Ozburn and failed to recognize him and that he thougth sometimes that Ozburn's father was insane. Mr. Montgomery was the last witness introduced and immediately after he stood aside the arguments were commenced. The Argument by the Lawyers. Hon. Hamilton Douglas led off for the defense. He first spoke of the fine personnel of the jury and then plunged into his argument. Mr. Douglas paid the greatest attention to the testimony of the physicians. He said that not one of them would swear absolutely that Ozburn was insane. They each used some phrase or some words which qualifies any such statement, or made it worthless. Mr. Douglas then read the affidavit of Dr. Styles to the effect that before Ozburn committed the crime, he considered him of unsound mind, and treated him accordingly. He also brought in the testimony of Dr. Griffin saying that he considered Ozburn insane. He then said that he did not give his services in the case because he was paid to do so, but because he honestly believed that Ozburn was insane. He drew a beautiful picture of a wife's love,of a wife's devotion and constancy, and then asked the jury if one of them had committed a great crime and a whole city was crying hang! hang! and the loving, constant wife came to soothe and help, could they refuse recognition? "No, gentleman," he exclaimed, "It is impossible so to think; it is monstrous." He then asked who was the most disinterested person in the courtroom during the trial and who was the man who was calmly sleeping while his life was in the balance. He answered the question "Ozburn," and ended with a strong appeal to the jury to take time and settle the matter definitely in their minds before they gave a decision, and begged them not to send Ozburn to the gallows, as in his present condition he could not prepare himself for the world to come. Hon. C. D. Hill Talks. Hon. C. D. Hill arose to make the opening argument for the state. Mr. Hill opnened his argument by saying that Mr. Douglas, when he said that the state was hungering for Ozburn's blood, made an unnecessary and uncalled-for remark. He went on then, into the argument, and took up almost immediately the testimony of Dr. Griffin. He referred at great length to him and his methods in the treatment of Ozburn's case. He asked the jury what they thought of a medical college north, south, east or west, which would send out a man armed with a diploma to treat a man as Ozburn had been treated, by leaving him whisky, lager beer, eggnogg, and opium, to be administered whenever he wanted it, and the amount to be regulated by the jailer. He also laid stress on the fact that Ozburn drank, at first, a quart of whisky a day and took one grain of opium at a dose. He then took up the testimony contained in the affidavit of Dr. Styles, who said that he knew Ozburn was of unsound mind before he committed the crime for which he was convicted. "When," asked Mr. Hill, "was the time that this testimony should have been given in? To ask the question is to answer it - that time was when Ozburn was on trial for his life, not now." He said that it was the good heart of Dr. Styles, probably more than his good judgment, which called forth that affidavit. He then touched lightly upon the testimony of Dan Hall, and paid a beautiful tribute to Mrs. Ozburn and Ozburn's mother. After that he took up the testimony of Mr. Jordan the jailor, and then that of Mr. Turner and Mr. Faith, and then that of the physicians who had testified in the morning. "We have proven," continued the solicitor, "that Ozburn underwent a course of treatment that, in my opinion, would drive a sane man wild; we have proven about his attempted escape, and his conversation about the sentence passed upon him; we have the testimony of able physicians that Ozburn is sane--testimony that cannot be gotten around. All this we have, and it is convincing." "If this man is turned loose - no, not that, for you cannot turn him loose; but if he is sent to the asylum - there will be one more scar added to the large number justice already bears." That concluded the argument of Solicitor Hill, who was followed for the defense by Colonel Broyles. Additional Comments: Part 4 of a full page spread. File at: http://files.usgwarchives.net/ga/fulton/newspapers/ozburnsf1252gnw.txt This file has been created by a form at http://www.genrecords.org/gafiles/ File size: 8.9 Kb